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Type: |
OP | Curs: |
4 | Period: |
S semester |
ECTS Credits: |
5 ECTS |
Group | Teacher | Department | Language |
---|---|---|---|
Eduard Sagarra Trias | Derecho | ESP |
5. Ability for continuous learning Ability to learn continually |
9. Autonomy, independence, initiative, pro-activeness |
25. Change management |
1. NATIONALITY LAWLesson 1. Nationality and Nationality LawThe population of the State; the State's personal competencies. Concept and nature of the national bond. Domestic and international aspects of nationality. Effects. Spanish regulations regarding nationality: a) the Spanish Constitution (1978); b) Civil Code; c) the most recent modifications and the Law on Historical Memory. The role of the Directorate General of Registries and Notary Publics (DGRN). Instructions and resolutions. Impact of the international treaties on the regulation of Spanish nationality in Spain. Lesson 2. Attribution of Spanish nationality General ideas. Spanish nationality of origin. Nationality by origin and nationality by birth: characteristics and effects. Attribution of nationality by family origin. Attribution of nationality by birth. Access to nationality. The possession of status. Obtaining nationality through the exercise of the right to choice: scenarios and requirements. The Law on Historical Memory 52/2007 and nationality by origin. The declaration of nationality. Lesson 3. The acquisition of Spanish nationality Concept. Historical development. Spanish Law: a) due to charter regarding the nature of nationality; b) due to residence in Spanish territory: scenarios and requirements. Importance of applicant's legal residence. The nationalisation file: requirements and processing. Effects of nationalisation and civil status in Spain. Lesson 4. Loss, conservation and recovery of nationality General ideas. Loss of Spanish nationality: a) voluntary loss: requirements and scenarios; b) involuntary loss: admissibility scenarios. Recovery of Spanish nationality in the range of scenarios covered by the Civil Code. The conservation of Spanish nationality. Spanish nationals abroad and historical immigration. The nationality of corporations, foundations, companies and individuals in Spanish regulations. Lesson 5. Conflicts over nationality Positive and negative conflicts. 1) Double nationality. Double nationality as an anomaly. Double nationality and the Spanish Constitution (1978): a) conventional double nationality; b) double nationality agreements with Ibero-American countries; c) double nationality without double nationality agreements between countries: scenarios. Impact of European Community regulations, Schengen and double nationality agreements. 2) The condition of being stateless: concept and causes. Conventional regime for the stateless and regulation provided by Spanish Royal Decree on Stateless Persons dated 20 July, 2001. |
2. LEGAL STATUS OF FOREIGNERSLesson 6. The legal regime for foreignersGeneral considerations on Immigration Law. Immigration, emigration and asylum policies. Legal condition of foreigners. Immigration and Immigration Law in Spain in 2012. Forms of attributing rights to foreigners. The European Union and the legal/ political regime that regulates Immigration Law. Demographics and Immigration Law. Integration of immigrants in the host state. Special reference to the situation in Spain. Lesson 7. General features of the Spanish system The 1978 Constitution. Organic Laws and regulations prior to the year 2000. Organic Law 4/2000, 11 January, and its modification by Organic Law 8/2000, 22 December, and Law 2/2009, 11 December (published in the BOE, 12 December 2009). Regulation 557/2011. Foreigners' rights: a) Fundamental rights and public freedoms; b) political rights: active and passive suffrage in municipal elections; c) access to public functions; d) other rights and public liberties. Rights of a civil and commercial nature. The 2012 regulation on foreigners' right to healthcare. Lesson 8. Entry, permanence, exit and expulsion of foreigners in Spain General ideas. The entry of foreigners into Spain. The visa in Spanish Law: types, requirements and effects. The European Union visa. Situation of foreigners in Spain: a) short stay; b) residence: conditions and requirements; c) exit.-The Schengen agreement and European Community Law. Special or privileged immigration law situations: legal or conventional- Special regime for European Union citizens in Spain (vid RD 1701/2011). Lesson 9. Atypical forms of entry and residence Family reunification. Concept and regulation under Law 2/2009. European Union Directive on family reunification. The quota or annual contingents system. International agreements on the subject. The system to regularise ordinary and extraordinary immigration cases in Spain. Incentivised return. Lesson 10. Sanctioned immigration law regime General Ideas. System of infractions and sanctions. Exit from the territory a) voluntary exit; b) compulsory exit; c) expulsion; d) prohibition of entry; e) return to place of origin: scenarios and procedures. Internment. The EU "Returns" Directive. Fines and other sanctions. Sanctions against transport companies. Foreigners in the Spanish Penal Code. Criminal Law and Immigration Law. Lesson 11. Employment and residence regime for foreigners in Spain Employment for foreigners in Spain: self-employed and salaried employees. Administrative authorisation to work and the work permit. Employment of citizens from an EU member state in another member state. Approval and recognition of academic studies and qualifications and their professional validity. Treaties on the condition of migrant workers. Lesson 12. Special Spanish immigration law regime: The stateless, asylum seekers and refugees. General considerations. International and domestic regulation of asylum and refugee status. The 1951 Geneva Conventions and the 1967 New York Protocol. The Statute on the Stateless. Spain's adherence to the Agreement on the Stateless Statute. Other conventional instruments in the European Union.Spanish regulation of asylum and refugee status. The 1978 Constitution and asylum. The Regulatory Law on the Right to Asylum and the condition of the refugee. Historical evolution from 1984 to 2010. Law 12/2009, 30 October, regulating the right to asylum and subsidiary protection (BOE 31, October 2009). |
3. EUROPEAN CITIZENSHIPLesson 13. European Union Citizenship.Concept and characteristics. Precedents and regulation in the Union Treaty. Regulation in the Maastricht, Amsterdam, Nice, and Lisbon Treaties. Rights covered. Union citizenship and the fundamental rights and freedoms. The European Union Charter of Fundamental Rights. Union citizenship and European citizens. The new Treaty on Stability, Coordination and Governance in the Economic and Monetary Union, 2nd March 2012: I. Legislation, doctrine, websites A) Spanish nationality legislation 1) Spanish Constitution: Art. 11. 2) Civil Code: Art. 17 a 28. 3) Law 36/2002, dated 8 October, modifying the Civil Code sections regarding nationality (published in the BOE, 9 October 2002). 4) Law 40/2006, 14 December, on the Statute of Spanish citizens abroad (BOE, 15 December 2006, page 44156). 5) Law 52/2007, 26 December, on "Historic Memory", recognising and expanding rights and establishing measures in favour of those persecuted or suffering violence during the Spanish Civil War and posterior dictatorship (BOE, 27 December 2007). 6) Double citizenship treaties (included in any summary texts on nationality). Civitas, Tecnos, Lex Nova, etc. 7) Spanish Ministry of Justice website: www.mju.es 8) Spanish Ministry of Foreign Affairs website: www.maec.es 9) Spanish Ministry of Labour and Immigration website: www.migrarconderechos.es/noticias/ B) Currently valid legislation covering immigration law and asylum 1. Spanish Constitution (1978): Art. 10; 13; 24; 53; y 96. 2. Internal sources: a. Immigration Law - Organic Law 2/2009, 11 December, modifying Organic Law 4/2000, 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration (BOE, 12 December 2009). - Royal Decree 557/2011, 20 April, passing the Regulations governing Organic Law 4/2000, 1 January, on the rights and freedoms of foreign nationals in Spain and their social integration after its modification by Organic Law 2/2009. b. Asylum and refugee status - Law 12/2009, 30 October, regulating the right of asylum and subsidiary protection (BOE, 31 October 2009). - Royal Decree 2037/1995, 10 February, passing the Regulations to apply the Law on Asylum and the Condition of Refugee (BOE, 2 March 1995). - Convention relating to the Status of Refugees (Geneva, 28 July 1951) and the New York Protocol (31 January 1967). c. Stateless persons - Royal Decree 865/2001, 20 July, passing the Regulations regarding the recognition of the Statute of Stateless. por el que se aprueba el Reglamento de reconocimiento del Estatuto de Apátrida (BOE de 21 julio del 2001). - New York Convention, 28 September 1954, on the Status of Stateless Persons, Spain's adhesion on 24 April 1977 (BOE, 4 July 1997). d.-Passive extradition - Law 4/1985, 21 March, on passive extradition (BOE, 26 March 1985). - European Convention on Extradition, 13 December 1957. Ratified by Spain, 21 April 1982 (BOE, 8 June 1982) and the first and second Additional Protocols on 15 October 1985 (BOE, 11 June 1985) and 17 March 1978 (BOE, 11 June 1985). - European Convention drawn up on the basis of Article K3 of the Treaty on European Union in Dublin, 27 September 1996 (BOE, 24 February 1998). 3. Conventional: - International treaties on human rights signed and ratified by Spain (refugees, United Nations treaties on civil and political rights, stateless persons, rights of children, etc.). - Interntional Convention on the Protection of the Rightsof All Migrant Workers and Members of Their Families, 18 December 1990 (Resolution 45/158, in force since July 2003). - Kingdom of Spain's adhesion to the Schengen Agreement, 14 June 1985, regarding the gradual elimination of border controls, signed in Schengen on 19 June 1990 (BOE, 5 April 1994). 4. European Community: - Treaty on European Union, signed in Maastricht, 7 February 1992, and modified by the Treaty of Amsterdam, 2 October 1997 and by the Treaty of Nice, 26 febrero 2001. (Spain authorised it by virtue of Ogranic Law 3/2001, 6 November (BOE 7 noviembre del 2001)). - Treaty of Lisbon, 13 December 2007. - Royal Decree 240/2007, 16 February, modified by Royal Decree 1701/2011, on the entry and permanence of European Union nationals and those from other states in Spain. Stemming from the European Economic Area Agreement (BOE, number 51, 28 February 2007). - EC Council Regulation 539/2001, 15 marzo 2001, listing third countries whose nationals are required to hold visas to cross foreign borders and nationals from states exempt from this obligation (DOCE, 21 March 2001). - Other regulations, European Community directives and dispositions regarding the free movement of workers, the provision of services, visas, asylum, refugee status, approval of qualifications, establishment of companies, immigration, etc. |
Description | % |
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Ongoing assessment, attendance, class contribution, assignments, practical activities, presentations and final project | 100 |
Group | Teacher | Department |
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Eduard Sagarra Trias | Derecho |